[Corporate/HR Law] Employer refusing Experience Letter due to “NAPS rules” for early exit. Is this legal? How to clear BGV?

Community Forums Legal Advice India [Corporate/HR Law] Employer refusing Experience Letter due to “NAPS rules” for early exit. Is this legal? How to clear BGV?

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      User_74db4633
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        User_74db4633
        PARTICIPANT
        May 7, 2026 at 12:32 am
        Hi everyone, I need some legal and HR advice regarding the National Apprenticeship Promotion Scheme (NAPS) and corporate background verification (BGV) processes.

        **Context:**

        I am currently working as a Software Engineer Trainee at a large, registered corporate firm. I was hired under a 1-year government NAPS (Apprenticeship) contract. I have completed 8 months of actual on-the-job engineering work.

        I recently received a great offer for a full-time Associate Software Engineer role at a global enterprise company, so I am planning to resign early (before my 360-day contract ends).

        **The Issue:**

        My current employer is flat-out refusing to provide an Experience Letter, Relieving Letter, or even an email from my manager confirming my start and end dates.

        HRโ€™s specific reasoning is:

        Because my contract is tracked on the government NAPS portal, the portal system automatically blocks them from generating a “Completion Certificate” for early exits. Furthermore, HR claims that because of this NAPS portal limitation, they are legally not permitted to type up a manual Experience Letter or Service Certificate on the company letterhead either.

        **My Backup Evidence:**

        Even though they are refusing to cooperate, I have a very strong paper trail:

        **1.** My legally registered NAPS Model Contract (showing my exact start date and role).

        **2.** My bank statements for the last 8 months, showing monthly NEFT deposits clearly marked from “NATIONAL SKILL” (the government DBT stipend routing).

        **3.** I plan to send a one-way resignation email to create a timestamp of my exit.

        **My Questions for Legal/HR Experts:**

        **1.** **Is HR lying about the law?** Does the Apprenticeship Act of 1961 (or NAPS guidelines) legally gag an employer from issuing a manual service certificate/experience letter on company letterhead for an early exit? Or is HR just weaponizing bureaucracy to penalize me for leaving early?

        **2. The Affidavit Workaround:** To clear my BGV (handled by AuthBridge) at my new company, I am planning to get a notarized Self-Declaration Affidavit (โ‚น100 stamp paper) legally swearing my exact dates of employment, combined with my NAPS contract and the bank statements. From a legal and corporate background verification standpoint, is this considered a legally valid and robust substitute for a missing experience letter?

        Any guidance from corporate lawyers, HR folks, or anyone who has navigated a NAPS early exit would be highly appreciated. Thank you!

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